Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2005] NSWSC 1059

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2005] NSWSC 1059

The tendered bundle of documents is rejected as its contents are not of assistance in determining the form of orders. This rejection is without prejudice to the right to seek admission of the evidence on the question of costs.

Jurisdiction
Australia
Judgment Date
12 October 2005
Procedural Posture
Equity Proceedings / Post Trial Determination of Form of Orders
Outcome
Tender of bundle of documents on issue of form of orders rejected
Legal Topics
['admissibility' 'relevancy of Evidence' 'tender of Evidence' 'form of Orders']
['evidence'] ['admissibility' 'relevancy of Evidence' 'tender of Evidence' 'form of Orders']

Case Brief

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Procedural Posture

Equity Proceedings / Post Trial Determination of Form of Orders

Legal Issues

  1. 1 ['Whether certain affidavits and documents should be admitted at the stage of determining form of orders; whether these materials are relevant to the issues concerning costs or orders to be made']

Ratio Decidendi

The tendered bundle of documents is rejected as its contents are not of assistance in determining the form of orders. This rejection is without prejudice to the right to seek admission of the evidence on the question of costs.

Court Disposition

Tender of bundle of documents on issue of form of orders rejected

Orders

  • ["The tender at the present time is rejected, but without prejudice to the liquidator's right to lead the evidence, so far as relevant, on the costs argument. The bundle is marked for identification and returned to Mr Gray."]